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(영문) 서울고등법원 2013.11.20. 선고 2012누6973 판결
직업능력개발지원금반환등처분취소
Cases

2012Nu6973 Revocation of disposition, such as refunding vocational ability development subsidies

Plaintiff-Appellant

A Stock Company

Defendant Appellant

The President of the Central Local Labor Agency

The first instance judgment

Incheon District Court Decision 2011Guhap3795 Decided February 9, 2012

Conclusion of Pleadings

November 20, 2013

Imposition of Judgment

November 20, 2013

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the lawsuit on this part shall be dismissed.

2. All costs of the lawsuit are borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

On May 4, 2011, the Defendant’s restriction on the payment of subsidies for vocational skills development and the refund of subsidies KRW 72,969,700, and the refund of subsidies for vocational skills development and the refund of KRW 53,390, and the additional collection of KRW 53,390 shall be revoked.

2. Purport of appeal

The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim concerning this part is dismissed (the part of the plaintiff's claim seeking the return disposition of 53,390 won in the amount of subsidies for vocational skills development and the revocation of additional collection disposition of 53,390 won in the amount of subsidies for vocational skills development, which was dismissed in the first instance, but was excluded

Reasons

The fact that the Defendant revoked ex officio the restriction on the payment of subsidies for vocational skills development and the refund of subsidies to KRW 72,969,700 on October 21, 2013 is no dispute between the parties.

Therefore, the part of the lawsuit in this case against the defendant among the judgment of the court of first instance is revoked, and the lawsuit in this part is dismissed.

Judges

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok

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